31971R0316

Official Journal of the European Communities , 69

13.2.71 Official Journal of the European Communities No L 36/ 11

REGULATION ( EEC) No 316/71 OF THE COMMISSION

of 12 February 1971 supplementing Regulation (EEC) No 497/70 on rules for the application of export refunds on fruit and vegetables

THE COMMISSION OF THE EUROPEAN COM­ 'Article 2b MUNITIES , Account being taken of the amount of the refund in relation to the incidence of the Common Having regard to the Treaty establishing the European Economic Community ; Customs Tariff, it may be decided when refunds for fruit and vegetables are being fixed that Having regard to Regulation No 159/66/EEC1 laying payment shall be subject : down further provisions for the common — to the production of proof that the products organisation of the market in fruit and vegetables, as in question have been offered for consumption amended by Regulation (EEC) No 2515/69,2 and in in that country where the destination of the particular Article 11 ( a) (4) thereof; products is a third country bordering on the Community, Having regard to Council Regulation (EEC) No 25 18/69,3 of 9 December 1969 laying down general — to the production of proof that the products rules for the granting of refunds on exports of fruit in question have reached their destination and vegetables and criteria for fixing their amounts, where the destination of the products is a and in particular Article 5 (3 ) thereof; third country other than those referred to in the first indent. Whereas the amount of the refund for fruit and vegetables may be higher than the incidence of the Common Customs Tariff; whereas, since these Proof shall be given : products can be exported from the Community and then reimported without any great expense, care — regarding the offering for consumption, by the should be taken to ensure that no refund is paid if production of the customs document drawn they have not been dispatched to their destination or, up in the country of destination or of a copy where this destination is a country bordering on- the thereof; however, in cases where, in respect of Community, offered for consumption in one of these export to a country bordering on the countries ; Community with a state-controlled trade system ; this document or a copy thereof Whereas the measures provided for in this Regulation cannot be supplied, the competent national are in accordance with the Opinion of the departments may accept some other Management Committee for Fruit and Vegetables ; appropriate document as proof;

— regarding the destination, in accordance with HAS ADOPTED THIS REGULATION : Article 8 of Regulation No 1041 /67/EEC5 .'

Article 1 Article 2 The following Article 2b shall be added to Regulation (EEC ) No 497/704. This Regulation shall enter into force on the day following its publication in the Official journal of the European Communities . 1 OJ No 192, 27.10.1966, p. 3286/66. 2 OJ No L 318 , 18.12.1969, p. 10. 3 OJ No L 318 , 18.12.1969, p. 19. 4 OJ No L 62, 18.3.1970, p . 15 . 5 OJ No 314, 23.12.1967, p. 9 .

70 Official Journal of the European Communities

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 12 February 1971 .

For the Gommission The President Franco M. MALFATTI